What is Section 340 IPC? Wrongful confinement

Published on: Lawiz Team

Learn about Section 340 IPC: Wrongful confinement

Official Legal Text

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said 'wrongfully to confine' that person.

What This IPC Section Means – Explained in Simple Words

Section 340 defines wrongful confinement as the act of wrongfully preventing someone from moving beyond certain limits.

Purpose

To protect individuals from being unlawfully detained or confined.

Bailable or Not Bailable & Punishment

Bailable: Bailable, Punishment: Not Applicable (This section defines 'wrongful confinement').

Key Elements

1. The person must be prevented from moving beyond certain limits. 2. The confinement must be without lawful justification. 3. The restriction must be physical or forceful.

Illustrative Example

If a person locks another in a room against their will, it is wrongful confinement.

Legal Defenses

If the confinement is for a lawful purpose (such as lawful arrest), it is not wrongful confinement.

Related Sections

Related to Section 341 (Punishment for wrongful restraint) and Section 342 (Punishment for wrongful confinement).

Difference from Wrongful Restraint

Wrongful confinement is a more severe form of restriction than wrongful restraint.

FAQs

What does Wrongful confinement mean?

Wrongful confinement is defined under Indian Penal Code.

What is the punishment for wrongful confinement?

Punishment is according to IPC provisions for this offence.

Is offence under this section cognizable?

It depends, but often considered serious under IPC.

Is offence under this section bailable?

Bailability depends on severity and case facts.

How can a complaint be filed under this section?

Approach nearest police station and lodge an FIR.

What are possible defences if accused under this section?

Defence may include lack of intent, accident, or false implication.

Can you provide an example situation under this section?

Examples vary based on case facts.